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Coroner Gavin's Findings in the
Second Inquest into the Death of Azari Chamberlain

(Contained in a letter marked "personal and confidential" and sent to
Peter Tiffin,
Crown Prosecutor)

February 1982

"I find Azaria Chantal Loren
Chamberlain came to her death at Ayers Rock on 17th August 1980.

Cause of death was extensive
and fatal wound or wounds to the neck.

I now propose to make
findings in relation to certain categories of evidence under the
following headings:

I. Deceased's Clothing

II. Evidence of Blood in
Tent and in the Car

III. Whose Blood was involved

IV. The Black Vinyl Bag

V. Injuries which Caused
Death

VI. Presence of Dingos

VII. Tracksuit Trousers Belonging to Mrs. Chamberlain

1. DECEASED'S
CLOTHING

I find:

1. The clothing of the
deceased child had been buried prior to its finding and probably
contained the body of the child when buried.

2. Soil type of a PH found
on the clothing is consistent with the PH of the soil at the camp and
also with the consistency of the soil in clothing and at the site and
is inconsistent with the type of soil and PH in the area in which the
clothing was found.

3. There .is no evidence on
the clothing of dragging or catching nor the presence of saliva. It was
argued that the absence of saliva was not remarkable as a witness gave
evidence of heavy rain in the area. J find that the clothing was not
subjected to heavy rain as there is evidence that such heavy rain would
have adversely affected the blood staining on the clothing and this is
not the case. This lack of dragging and presence of saliva ;s
inconsistent with a dingo carrying the body a distance of some four
kilometers.

4. The jump suit was
completely done up by studs to the neck which remained closed while the
child was bleeding.

5. After the blood had dried
the two top studs were undone prior to the clothing being buried whilst
containing the body of the child.

6. There is evidence
provided by fluorescent examination to suggest the presence of a palm
print of a small adult right hand and some evidence of the presence of
a left hand caused by a person holding the child when that person's
hands were contaminated with wet blood.

7. Single holes or
indentations which appear in the clothing could be consistent with
teeth marks of an animal but the absence of tissue stains in
conjunction with those holes make it inconsistent with an animal
holding the body of the child. The evidence clearly establishes that
the clothing has been cut and in places tom by a person or persons and
in particular the cut on the collar was made after the blood staining
had occurred. It was argued that one area of damage in the general area
of the elbow may be consistent with an animal tearing, but the evidence
is very strong that such a tearing by an animal would be inconsistent
because of the lack of evidence of the presence of tissue staining
which would inevitably be involved if an animal had caused the damage
to the clothing.

8.Vegetation contamination
on the clothing is inconsistent with vegetation found at the scene and
inconsistent with the likely contamination, which would have occurred
if the clothing with a body in it had been carried by an animal. This
supports the view that the vegetation contamination was caused by human
intervention.

9. The clothes as found were
not strewn around the area and this is inconsistent with an animal
being responsible for their placement.

10. The clothing was found
adjacent to a path near the base of a rock and adjacent to a dingo's
lair.

11. Scissors were found in
the Chamberlain's car on which there was present human foetal blood
staining on the cutting edge and on the hinge areas. There is evidence
to support that when comparable scissors are used to cut through blood
that blood would be deposited on the cutting edge. An inference can be
drawn that these scissors were used to cut the deceased's clothing. I
place no weight on the argument that the subject scissors were unable
to cut clothing as this was after the stud had been removed from the
scissors to enable certain tests.

CONCLUSION

The evidence in relation to
the clothing is consistent with an attempt to simulate a dingo attack
on a child by person or persons who recovered the buried body, removed
the clothing, damaged it by cutting, rubbed it in vegetation and
deposited the clothes for later recovery. Such deposition is indicative
that the deposition was made with the knowledge that dingos were in the
area.

In addition, there is no
evidence to positively support the involvement of a dingo in the taking
of the child, the carrying of the body some four Kilometers and
removing the body from the area where the clothes were found.

II. EVIDENCE OF BLOOD IN THE
TENT AS COMPARED WITH THAT IN THE CAR

A) The tent

1. No blood was found on the inside of the tent.

2. On the outside of the tent as it is being faced there is:

a). A spray pattern on the
right hand sidewall. This spray pattern ran for some two to three feet
and contained a small amount of blood. There is evidence that this is
not human blood.

b). Two small
drops were found on the left hand side rear outside of the tent.

3.Articles in the tent
found to have blood:

a). Each of the pink
and purple babies blankets had small drops caused by a very small
quantity of blood. b).
Mr. Chamberlain's sleeping bag had eleven small blood spots of pin head
size and these were found on both the upper underneath part of the bag.c).
Reagan's parka contained thin smears of blood on the right hand side of
the hood, the right front and the left front and both sleeves. d). An area of blood of
approximate size of four centimeters in diameter was found on the cover
of a tent mattress, which stained through to the actual rubber mattress. e).
Mr. and Mrs. Chamberlain claim that several other items in the tent
were also found to be blood stained, but on examination by Dr Scott
this could not be supported. In fact, two items, namely, army bush hats
which were said to be blood contaminated were 'not to be so
contaminated. The evidence regarding the tracksuit will be considered
later, it is clear on the evidence that no significant staining was
found on the items made available to Dr Scott for examination.f).
Constable Morris on the night of the incident inspected the interior of
the tent using a torch. This revealed "a couple of spots of blood on a
couple of blankets and a sleeping bag in the tent".

g). Mrs. Lowe gave evidence
of observing a pool of blood on the floor of the tent of the size of
approximately a bread and butter plate. There is no objective support
for this view and it is quite contrary to the other observations and
objective findings. I am unable to find on the evidence that such a
pool of blood was present.

B) Evidence of Blood in the Car.

1. Evidence of the presence of foetal blood was found in the following:

a) On the chamois and under
the lid 'of its container.
b) On the carpet in front of the driver's seat.
c) On the yellow towel found near the rear spare wheel.
d). A considerable quantity was found adjacent to and on a coin
on the floor well under the front passenger seat and a flow of blood on
the hinge of the right hand side of the passenger seat running d6wn to
the seat support and onto the floor of the well under the carpet.
e). An arterial spurt on the underside of the dashboard on the
passenger's side. f). A pair of scissors from the console.
g). Extensive traces of blood were found in many places over the
inside of the motorcar on vinyl surfaces and door handles within the
vehicle.

2. It is a reasonable
inference that these findings are the remains of a more considerable
bloodstain and that attempts have been made to clean up all visible
blood. .It is clear on the evidence, a quite considerable quantity of
blood was needed to bring about the flow of blood staining under the
hinge cover, on the hinge and down the leg to collect in the floor
well.

3. I find that the blood
staining of the tent and its contents is very minor compared with the
extensive staining inside the motor vehicle. Save for the large stain
on the mattress, the evidence of blood in the tent is consistent with
the secondary staining obtained from a. person contaminated with blood
moving inside the tent and on the articles being placed at a later time
inside the motor car.

4. I reject the argument
based on blood staining on the baby's clothes and articles in the tent
that the injuries were caused by a dingo within the child's basket and
blood contamination caused by the child bleeding while being taken
through the tent.

III. IDENTIFICATION OF THE BLOOD IN THE CAR
AND ON CLOTHING AND OTHER EXHIBITS.

1. The blood in the car was
found to be from one year to two years old at the time of examination.

2. The blood on the jump
suit was group 0 Hp 2-1 PGM 1 and is consistent with blood of the
children from the union of Mr. and Mrs. Chamberlain.

3. Because of denaturation
and contamination. a full grouping could not be made of the blood in
the car, however, there is evidence that the blood from the passenger’s
seat indicated that it was probably Group 0 PGM, 1. Haptoglobin
grouping could not be determined.

4. Human foetal blood was
found at several places in the vehicle and its contents. Cross-
examination of Mrs. Kuhl does not in my view lead me to say that her
tests were not proper or that they may contain an error. I find on the
evidence that there was human foetal blood present from a child not
more than six months old.

5. The car was in the
Chamberlain's possession from almost new in December 1977 and no other
possible explanation for the presence of human foetal blood was given
by those persons in evidence at the inquest.

6. The age of the other
children is such that their blood would not contain foetal hemoglobin.

I find that the blood in the
car was:

1.The blood of Azaria
Chamberlain

2. The presence of the
arterial spurt and the flow pattern on the seat hinge indicate that the
deceased was bleeding heavily when within the, car. It is consistent
therefore that the greater volume of blood in the car as compared with
the tent means that the staining of articles in the tent was of
secondary transfer.

IV. THE BLACK VINYL BAG

1. Trace reactions of blood
were found in a number of places and foetal blood was found around the
buckle and the zip clasp on the front compartment and human hemoglobin
on the zip clasp' of the middle compartment. This evidence was obtained
from very small traces.

2. Some three tufts or loops
were found which are consistent with the tufts produced from cutting
the material of the jump suit.

3. Roberta Downes, in her
statement, gave evidence of seeing the black bag in an awkward position
in front of the driver. Her invitation to move and hold the bag was
declined.

Mrs. Kuhl was able, from
tests conducted, to indicate an area of carpet in the front of the
driver a little larger than the base of the bag.

V. CAUSE OF DEATH

1. There is opinion evidence
that as the jump suit of the child was done up to the top of the neck
that it would not be possible for a canine to cause the injuries to the
neck without also damaging the jump suit material. Any such wounds
without damage to the material would have required the disarticulation
of the animal's jaws, which, on the evidence, I find it would be unable
to do.

2. The blood flowed into the
collar from above but also all around the neck and at the same time.
This is inconsistent with wounds which would be expected to be
inflicted by an animal at isolated points and is consistent with blood
flowing circumferentially, that is all around the neck.

3. Ultra violet fluorescent
photograph suggests the presence of a right hand of a small adult
gripping the left hand side of the child within the jump suit while
that hand was blood stained. Less well defined is the presence of a
left hand. It is reasonable to assume that the child met her death by
unnatural causes and that the mode of death had been caused by a
cutting instrument possibly circling the neck or at least cutting the
vital blood vessels and structures of the neck.

4. I accept Professor
Cameron and Sims' evidence, as to, the cause of death even though they
have no specific experience with dingos. On the evidence they are
experienced in their field and have considerable experience with
canines and there is no evidence before me that their evidence would be
affected by lack of specific experience with dingos.

VI. PRESENCE OF DINGOS AT THE SCENE.

There is evidence before me
of the presence of dingos that regularly' scavenge in the camp area and
indeed specific evidence of a footprint adjacent to the tent. The
evidence of the Wests as to hearing a growl supports the presence but
not the involvement of a dingo.

There is also evidence
available as to the capacities of a dingo to carry a child, inflict
wounds and remove the body from the jump suit.

Whilst there is evidence as
to the presence and the capacity of dingos, there is total lack of
objective evidence to support the view that any dingo was actually
involved in the incident that night and to the contrary a considerable
quantity of evidence to suggest that a dingo could not have been
involved.

VII. TRACKSUIT TROUSERS OF MRS CHAMBERLAIN.

1. The evidence before me is
that Mrs. Lowe stated that Mrs. Chamberlain was not wearing the
tracksuit trousers at the barbecue area when observed by her, and that
she was wearing a certain floral dress. There is no evidence of blood
staining on that floral dress.

2. Mrs. Chamberlain claims
that she put them on at approximately 10.00pm and that before that they
were lying on the sleeping bag in the tent.

3. Mrs. Ransom, at Mrs.
Chamberlain's request took the trousers to dry cleaners in Mt Isa on
the 22nd of August. Special reference was made to marks, but she is
unable to say if she was told that these were blood marks.

4. Mrs. Hansell who worked
at the dry cleaners stated that Mrs. Ransom told her that they were
blood stains. She sketched the stains, which consisted of approximately
36 spots.

5. Mrs. Chamberlain denied
the conversation with Mrs. Ransom in that she claimed she did not say
that the trousers were blood stained nor that they should be
specifically brought to the dry cleaners attention.

6. There is evidence that a
person was seated in the front passenger seat while the child was
bleeding and the arterial spurt under the dash is consistent with the
child being held under the dash adjacent to a passenger's feet.

7. This would be Consistent
with such a person receiving stains on clothes from the knees to the
shoes inclusive.

8. This would be consistent
with the pattern indicated by Mrs. Hansell although I would have some
reservations in relying on that lady's memory of the pattern on the
tracksuit trousers.

9. Such a pattern is
consistent with the lack of blood staining within the tent and
therefore an inference that such a staining did not occur within the
tent.

10. Because of dry cleaning
and washing no traces of blood remain on the trousers nor the shoes
worn at the time.

CONCLUSION AS TO THE EVENTS ON THE 17TH OF
AUGUST 1980

1. The evidence of the
parties involved supported by Mr. and Mrs. Lowe is that the child
Azaria Chamberlain was alive when held by her mother at the barbecue
area. The evidence of Mrs. Chamberlain is that she then took the child
to the tent and placed the child in its basket within the tent and
returned to the barbecue area. In response to a query from Mr.
Chamberlain as to hearing a baby cry, Mrs. Chamberlain goes in the
direction of the tent, sees a dingo with what she thinks is something
in its mouth, goes to the tent, inspects the tent and finds that the
child is missing and, as a result of those observations, a search for a
dingo takes place.

2. From conclusions based on
the following evidence, namely:

a) The injuries, which in
fact brought about death.
b) The presence of the child's blood within the car,
c) The fact that the child 'was present in the car and bleeding;
d) The considerably larger amount of blood in the car as compared with
the tent the latter being consistent with secondary contamination;
e) The lack of objective evidence to support the death by a dingo
despite the presence of dingos in the area;
f) Some tanner evidence relating to the black vinyl bag and the
tracksuit trousers;

I do find that the death of
Azaria Chamberlain was a homicide. I propose to now consider what
evidence, which exists to support any committal for trial for murder.

1. In relation to Michael
Chamberlain, there is in my view, no case in relation to murder. He was
seen when the child was alive by the Lowes and was always in their
presence until Mrs. Chamberlain claimed that the dingo had taken the
child.

2. On all the evidence, the
child Reagan was asleep on return from Sunset Strip and remained so
until after the disappearance of the child. These observations were
supported by independent witnesses.

3. The child Aiden. A
statement made by him was tendered in evidence at the inquest denying
responsibility. The child was observed just before and again after the
claimed incident of the dingo taking the child. It is clear from the
evidence of the blood in the car that if such an act was carried out by
a seven year old child, there would be some evidence of blood staining
on his" clothing or on his person. In fact there is no objective
evidence linking Aiden in any way with the death of Azaria.

4. At no stage has there
been any claim whatsoever that a stranger was involved in the death.

5. In relation to Mrs. Chamberlain, I find as follows:

a) She was present with the child at the barbecue when both she and Mr.
Chamberlain and the independent witnesses say the child was alive.
b) She then left the barbecue area to place the child in the carry
basket in the tent, which she claimed she carried out.
c) In response to what was thought to be a child's cry, she approaches
the tent, claims to sight a dingo with what appeared to be something in
its mouth and cries out that "a dingo has got my baby". I find that
there is evidence from which it can be reasonably inferred, that this
was a false claim and that in fact the child had been killed in the car
prior to that time.

6. No motive has been
suggested or proved and there is evidence that Mrs. Chamberlain
appeared to be taking care and consideration for the child on that day.
On the other hand, the killing of a child by a mother is not an
uncommon happening and as is evidenced by the provision in some
jurisdictions for the offence of infanticide. It is an inference that
the small handprint on the child's clothing could not be any other
person than Mrs. Chamberlain and there is evidence of the staining on
the tracksuit and shoes.

On all these facts I find
there is positive evidence linking Mrs. Chamberlain to the homicide and
I find that a prima facie case of murder has been made out.

In relation to Mr.
Chamberlain, there is the question of whether he should be charged with
being an accessory after the fact to the murder of the child based on
his knowledge of his wife's act from early after the incident and
through subsequent investigations.

The relevant evidence is as
follows:

1. The family car had
headlights, two spotlights and a mobile spotlight. This was not used to
assist the search, as the car's ignition keys could not be found. In
fact the car was moved later with no reference to why the keys could
not be found. It is an inference that because of the condition of the
car, he did not want it lit even though to do so would have added
credibility to the dingo claim.

2. There is the incident of
the black vinyl bag and Roberta Downes where he maintained the bag in a
very awkward position despite offers to assist. There is also the
question of the evidence of some foetal blood in connection with that
bag.

3. It is a reasonable
inference that Mr. Chamberlain knew of the blood staining in the car,
that he would have been involved in the cutting of the cloths and
placing them in position to be found.

I find
that a prima facie case has been made out against Mr. Chamberlain for
the charge of accessory after the fact."